What is the Duration of Copyright in India

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What is the Duration of Copyright in India

A copyright serves as a shield which protects the intellectual property of an individual.

The validity of copyright protection in India depends upon the kinds of work sought to be protected. Normally, the duration of copyright in India for any literary, dramatic, musical, or artistic work published lasts for the author's lifetime plus 60 after his death.

What exactly is Copyright?

Simply put, copyright refers to the ‘right to copy’ that is exclusively available to the author or creator. Under the Copyright Act of 1957 provisions, if any other individual replicates or copies the original work of the author or creator (copyright owner), he or she will be charged with Copyright Infringement. 

Copyright promotes creativity, which is essential for the growth of any civilized society, and no civilized culture can afford to neglect it. In addition, copyright is essential for a society’s social and economic progress since this right is essential to promote innovation.

How can a Copyright be obtained? 

Any creator or author interested in registering their copyrights has to do so by Section 45 of the Copyrights Act, 1957. Once the copyright gets registered, in the event of a disagreement about creation, the certificate can be used as evidence in a court of law. Copyright registration protects the original version from getting copied. However, copyright protection does not need a notice of protection or copyright registration since it is only a factual record.

The copyright owners can use the symbol ‘©’ to show their registration. However, if they still wish to register for the record, they have to follow a certain process.

Registration Process 

Want to learn about the copyright registration process? Here it is:

• As an initial step, you must submit your application using Form XIV along with the prescribed application fees.

• Each piece of copyright work requires six hard copies and 3 soft copies.

• The application needs to be signed by the owner and his legal representative in whose favor a Vakalatnama or Power of Attorney has been executed.

• Once the calendar number is received, the applicant must wait for 30 days to check if the work has been refused. In case of any objection, an officer will summon the parties and conduct a hearing. The examiner's decision is final and he has the right to approve or reject the request.

• In case of no objection, the application for copyright protection will be reviewed and registered.

Duration of Copyright Protection

The following are the validity periods for copyright protection for different needs:

• Duration of copyright protection in anonymous (unknown author) and pseudonymous (false name) work: In case a literary, dramatic, musical or artistic work published anonymously or pseudonymously, or copyright shall subsist only for a duration of 60 years from the calendar year in which it is first published. But, if the identity of the author is disclosed before the expiry of the said period, then the duration of copyright shall subsist until sixty years from the calendar year following the year of death of the author.

• Duration of copyright protection in cinematograph films: In this case, the duration of copyright lasts till 60 years from the beginning of the calendar year next to the year in which the film is published.

• Duration of copyright protection in sound recording: In this case, the copyright‘s duration is of 60 years from the beginning of the calendar year next to the year in which the film is published.

Need Assistance?

Want to obtain copyright registration for your work? Get in touch with Registrationwala now! We will file the copyright application with the copyright office on your behalf, along with submission of all the required documents.

Frequently Asked Questions (FAQs): Copyrights

Q1. What is copyright validity in India?

A. For literary, dramatic, musical, or artistic works, the copyright validity in India lasts for the author's lifetime plus 60 years after his demise. In case of sound recordings, the duration of copyright is 60 years. For the performer’s rights, the copyright protection is granted for a period of 50 years.

Q2. Which authority provides copyright registration certificate in India?

A. The copyright certificate is provided by the Copyright Office in India.

Q3. Where is the headquarters of the copyright office located?

A. It is located in Dwarka, Delhi.

Q4. Is it possible to inherit a copyright?

A. Yes, just like other assets, a copyright can be inherited by the legal heirs.

Post updated on : 14-10-2024

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